Explore The NRA Universe Of Websites

Responding to NRA/CRPA “Emergency” Regulations for California’s Firearm Safety Certificate Program

Tuesday, March 31, 2015

Responding to NRA/CRPA “Emergency” Regulations for California’s Firearm Safety Certificate Program

On Monday, March 9, 2015, the Office of Administrative Law (“OAL”) approved a package of so-called “emergency” regulations for California’s new Firearm Safety Certificate (“FSC”) Program and safe-handling demonstrations. The “emergency” regulations, proposed by the California Department of Justice (“DOJ”), took effect immediately after being rubber stamped by OAL.  

The FSC Program, signed into law by Governor Jerry Brown on October 11, 2013, requires every individual wishing to take possession of a firearm in California to first take and pass a written test and to perform a safe-handling demonstration with the firearm to be acquired. While the NRA & CRPA support genuine efforts to encourage the safe use and handling of firearms, the launch of the FSC Program was grossly mismanaged, and it has been plagued with problems since it took effect on January 1, 2015. The Program’s many failures were the result of the DOJ’s refusal to meaningfully engage FFLs, certified FSC instructors, and gun owners in the creation of formal regulations for the administration of the Program. Instead, the Department unilaterally unveiled a host of generally applicable “rules” in violation of state law. These rules have already cost FFLs and certified FSC instructors untold sums and will cost them thousands of dollars each year, forcing many to simply stop administering the FSC Program altogether.

The California Rifle and Pistol Association, FFLGuard, and five individuals, supported by the National Rifle Association, filed Belemjian v. Harrisin the Superior Court of Fresno, challenging the DOJ’s actions as a violation of California’s Administrative Procedures Act (“APA”), asking the court to direct the DOJ to formally adopt regulations for the administration of the Program as the law requires. In response to the lawsuit, the DOJ submitted a package of proposed “emergency” regulations to the OAL in an effort preserve the same rules it had illegally adopted. The public was given only 5 days, as opposed to the 45-day minimum under normal rule-making procedures, to offer comments.

OAL received some 9,100 pages of public comment regarding the controversial “emergency” package despite the extremely shortened comment period. To view the letter submitted by the NRA, along with the CRPA and FFLGuard, click here.

Despite this outcry, OAL simply rubber stamped the “emergency” measures, disregarding the overwhelming opposition and allowing the DOJ to circumvent the requirements of the APA by resorting to the emergency process.

The “emergency” regulations will remain in effect for a minimum of six months, during which time the DOJ must either move to make those regulations permanent or begin the normal rule-making process to adopt a new set of regulations for the FSC Program. Either way, NRA and CRPA will continue to monitor the situation, litigate as necessary, and provide updates as they are available.

 

IN THIS ARTICLE
California firearm
TRENDING NOW
Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

News  

Friday, January 13, 2017

Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

On Monday, Sen. Mike Crapo (R-ID) – joined by co-sponsors Sens. Jerry Moran (R-KS) and Rand Paul (R-KY) – introduced S. 59, the Hearing Protection Act of 2017 (HPA). Similar legislation was introduced in the ...

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

News  

Friday, January 13, 2017

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

On January 3rd, Congressman Richard Hudson (R-N.C.8th) introduced H.R. 38, the Concealed Carry Reciprocity Act of 2017, which simply allows lawful firearm carriers from any state to carry a concealed firearm in any other state. The bill ...

Supreme Court Asked to Review California’s Restrictive Carry Regime

News  

Friday, January 13, 2017

Supreme Court Asked to Review California’s Restrictive Carry Regime

On Thursday, the NRA-supported case Peruta v. California took an important step towards restoring the right to bear arms in California.  The plaintiffs in the case, California gun owners and the California Rifle and Pistol ...

Alert: WA State Proposes Draconian Gun Ban Bills

News  

Friday, January 13, 2017

Alert: WA State Proposes Draconian Gun Ban Bills

Inspired, perhaps, by Oscar Wilde (“Moderation is a fatal thing. Nothing succeeds like excess”), Washington State Attorney General Bob Ferguson has announced two new sweeping gun control bills, with Sen. David Frockt (D-Seattle) and Rep. ...

The NRA Bids Farewell to Roy Innis, Civil Rights Champion: June 6, 1934 – Jan. 8, 2017

News  

Friday, January 13, 2017

The NRA Bids Farewell to Roy Innis, Civil Rights Champion: June 6, 1934 – Jan. 8, 2017

America lost a civil rights icon and a true free thinker with the death of Roy Innis on Jan. 8. For the NRA, his departure was personal. Mr. Innis served on the NRA’s Board of ...

Increase in Violent Crime: National Trend Driven by Local Politics?

News  

Friday, January 13, 2017

Increase in Violent Crime: National Trend Driven by Local Politics?

The FBI released its Preliminary Semiannual Uniform Crime Report earlier this week and the bad news is that violent crime increased for the second consecutive year.

NRA Applauds the Introduction of the Hearing Protection Act, H.R. 367

News  

Hunting  

Monday, January 9, 2017

NRA Applauds the Introduction of the Hearing Protection Act, H.R. 367

FAIRFAX, Va. – The National Rifle Association Institute for Legislative Action (NRA-ILA) applauded Congressmen Jeff Duncan (SC) and John Carter (TX-31) on Monday for introducing the Hearing Protection Act, an important bill that gives gun owners and sportsmen ...

Jeff Sessions’ Devotion to the Constitution Shines Through in Contentious Confirmation Hearing

News  

Friday, January 13, 2017

Jeff Sessions’ Devotion to the Constitution Shines Through in Contentious Confirmation Hearing

On January 10 and 11, the U.S. Senate Judiciary Committee held the confirmation hearing for President-elect Donald Trump’s nominee for United States Attorney General, Sen. Jeff Sessions (R-Ala.). Throughout his distinguished career in public service, ...

Kansas: Bill Introduced Attempting to Repeal Pro-Self-Defense Law

Tuesday, January 17, 2017

Kansas: Bill Introduced Attempting to Repeal Pro-Self-Defense Law

In 2013, the Kansas Legislature passed the Public Building Security Act, pro-gun legislation that amended the Personal and Family Protection Act. 

Virginia: Senate Committee to Hear Numerous Gun Bills Tomorrow

Tuesday, January 17, 2017

Virginia: Senate Committee to Hear Numerous Gun Bills Tomorrow

Tomorrow, January 18, the Senate Courts of Justice is expected to hear and possibly vote on several firearm-related bills.

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.